Ivan Yates
Question:20 Mr. Yates asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to establish a DNA data bank; and if he will make a statement on the matter. [15493/00]
Written Answers. - Forensic Testing.
As the Deputy may be aware, section 2 of the Criminal Justice (Forensic Evidence) Act, 1990, provides that certain bodily samples may be taken without the consent of a person in custody for the purpose of forensic testing. These samples include hair, other than pubic hair, a nail and any material found under a nail.
The report of the expert group on criminal law, appointed to consider changes in the criminal law which were recommended in the report of the steering group on the efficiency and effectiveness of the Garda Síochána, recommended a number of changes to the law relating to forensic samples. In particular, it recommended that, as an aid to DNA testing, saliva be re-classified as a sample which can be taken without consent. These recommendations are being examined by my Department with a view to bringing forward proposals for inclusion in a Criminal Justice Bill.
I am well aware of the potential benefits of a comprehensive DNA database. The 1990 Act already allows for the maintenance of certain DNA records. Two particular issues arise in relation to the establishment of a comprehensive DNA data bank. The first relates to the legal powers to take forensic samples compulsorily and, as I have indicated, this matter is being addressed. The second relates to the criteria under which samples would be held. This raises difficult issues involving the rights of the individual and of society to take reasonable measures to protect itself.
In any event all of the issues involved are under consideration at present and this process involves consultation with the forensic science laboratory, the Garda and the Attorney General's office. I will, of course, make an announcement when final proposals emerge.